ACTUS REUS

• What is meant by actus reus?

  The guilty act
• What is a conduct crime?

  The behaviour is prohibited
• What is a reult crime?

  The result itself is prohibited
• What does Hill v Baxter tell us about the guilty act?

  Actus reus is voluntary. In this case, the evidence was insufficient to prove the act was voluntary
• What is the general rule in relation to omissions?

  Omissions do not form actus reus
• When will an omission be criminal?

  When there is a duty to prevent the act
• Why was the omission criminal is R v Dobson and Stone?

  The defendants were placed in a position of trust and hd a duty to ensure the good health of the victim
• Why was D’s omission criminal in R v Miller?

  D set the mattress alight but did nothing to stop the fire from spreading
• What is an example of a state of affairs forming the actus reus of an offence?

  Being in control of a vehicle on a public highway whilst being intoxicated
• What does the coincidence rule state?

  There must be a guilty act (actus reus) and a guilty mind (mens rea) at the same time for there to be a crime
• How did the court justify finding coincidence in Fagan v MPC?

  D’s car was still on the officer’s foot when he had the guilty mind
• What omission did the case of R v Pittwood highlight?

  Completing a duty that is assigned to them
• Why was the omission in R v Dytham criminal?

  D had a public position as a police officer yet he failed to act
• What omission didthe case of Gibbins and Proctor highlight?

  Failure to act despite a duty due to a relationship
• What case shows the duty of doctors?

  Pharmaceutical Society v Storkwain Ltd.